Possibility of a re-election for Superintendent of Education linked to the possibility of President Yoon's impeachment?

The Central Election Management Committee has internally decided to hold early presidential elections simultaneously with by-elections and re-elections, the reasons for which are confirmed before February 28. However, in the case of re-elections held simultaneously with the actual early presidential election, there is room for controversy because re-elections are possible if the remaining term is more than one year and the resignation deadline for public officials is 30 days before, and therefore, it does not apply to Article 35 (Election Day for By-elections, etc.).

Article 203, Paragraph 5 of the Public Official Election Act states, "If the reason for holding an election or re-election due to the vacancy of the president is confirmed before the day before the start of the candidate registration application for by-elections, etc., the re-election will be held simultaneously on the day of the presidential election."

If the impeachment of President Yoon Seok-yeol is decided, the timing of the decision and the possibility of an early presidential election, along with the timing of the Supreme Court's final decision on former Jeonbuk Superintendent of Education Seo Geo-seok, could have a significant impact on whether or not to hold a re-election for the Jeonbuk Superintendent of Education.

In fact, in the early election held after the dismissal of former President Park Geun-hye, the re-election was held simultaneously with the presidential election.

If the Supreme Court's guilty verdict for Superintendent Seo Geo-seok is confirmed before April 26, 2025, there is a high possibility that the re-election for the superintendent of education will be held simultaneously with the early presidential election. According to Article 270 of the Public Official Election Act, trials for election offenders and their accomplices must proceed quickly, and the first trial must be sentenced within six months from the date of indictment, and the second and third trials must be sentenced within three months from the date of the previous trial.

The second trial of Superintendent Seo Geo-seok was delayed due to perjury by the first trial witness, Professor Lee Gwi-jae, and the trial took more than a year, but so far, there is no significant new legal issue that could overturn the second trial verdict.

Accordingly, there is a high possibility that the Supreme Court will make a decision within three months as stipulated by the Public Official Election Act. In particular, the recent intrusion and rioting incident by the far-right forces at the Seoul Western District Court has emphasized the social need to strictly apply the law and principles, and in September last year, the Supreme Court Administration sent a recommendation to the first-instance court to "comply with the mandatory provisions of the Election Law," increasing the possibility of a quick final decision.

Several conditions must be met for the re-election of the superintendent of education to be established. Of course, this is an analysis excluding the possibility of a remand from the Supreme Court, which is the wish of Superintendent Seo Geo-seok.

First, the remaining term of the superintendent of education must be more than one year. The term of the superintendent of education is until June 30, 2026, so the re-election must be held before June 30, 2025.

Second, a guilty verdict must be confirmed by the Supreme Court at least 60 days before the re-election. In other words, if a re-election is to be held in May 2025, a guilty verdict must be confirmed by the Supreme Court by mid-March 2025, and if a re-election is to be held in June, a guilty verdict must be confirmed by mid-April 2025.

If the Supreme Court makes a guilty verdict after this point, the acting superintendent system will be maintained without a re-election, and the successor superintendent will be elected in the 2026 local elections.

Is it possible for the re-election of the superintendent of education and the early presidential election to be held together?

If the impeachment of the president is decided by the constitution, an early presidential election is held within 60 days after the decision to impeach by the Constitutional Court. Referring to the impeachment case of former President Park Geun-hye, it took about 3-4 months for the Constitutional Court to make a decision to impeach after the impeachment bill passed the National Assembly.

Considering this, there is a high possibility that the Constitutional Court will make a decision around March-April 2025. In this case, the early presidential election is likely to be held around May-June 2025, and there is a high possibility that it will proceed together with the re-election of the superintendent of education.

However, if the impeachment trial takes longer than expected, there is a possibility that the early presidential election may be postponed to July 2025 or later. In this case, the re-election of the superintendent of education will not be held.

The possibility of a re-election depends on when the Supreme Court's decision on Superintendent Seo Geo-seok is confirmed. In particular, if a guilty verdict is confirmed before April 26, 2025, there is a high possibility of a re-election for the superintendent of education, but if a guilty verdict is confirmed afterwards, the acting system will be maintained without a re-election. If a re-election for the superintendent of education is held, public officials who wish to run must resign 30 days before the election.

Whether or not the re-election of the superintendent of education and the early presidential election will be held together depends on the timing of the Supreme Court's decision and the progress of the impeachment trial of President Yoon.

If the re-election of the superintendent of education becomes a reality

Along with this, attention is growing on the activities of potential candidates who are preparing for the next superintendent of education election or showing interest.

First, Professor Kim Yoon-tae of Woosuk University and Representative Yoo Sung-dong of the Good Education Citizens' Alliance each participated as a presenter and a panelist at the 1st Jeonbuk Education Forum held at Jeonbuk National University's Jinsoo Hall on the 11th. Professor Kim argued for the "need for education that nurtures adaptability and self-identity in a democratic civil society and a community society," and Representative Yoo emphasized the "construction of a regional education cooperation ecosystem where families, schools, local governments, and regions work together." There was also interest in whether Superintendent Seo Geo-seok and Governor Kim Kwan-yong would attend the event, but they did not attend due to their schedules.

An interesting point about the event is that a certain educational media outlet raised Chairman Oh Jun-young of the Jeonbuk Teachers' Association, who co-hosted the event, and Chairman Jung Jae-seok of the Jeonbuk Teachers' Union as strong candidates for the next superintendent of education election. Chairman Jung Jae-seok of the Jeonbuk Teachers' Union has expressed his intention to run for the superintendent of education to his acquaintances.

Professor Cheon Ho-sung of Jeonju National University of Education is continuing his efforts to solve the chronic education problems of Korea and create a new education paradigm by working and responding as a representative of the Jeonbuk region of the National Education Innovation Autonomy Network.

Representative Noh Byung-seop of the New Path Open Education Forum, who hung a large banner last Lunar New Year, is active as a co-representative of the Jeonbuk Movement Headquarters for the resignation of Yoon Seok-yeol. He is attracting attention with his past experience as the head of the Jeonbuk branch of the Korean Teachers and Education Workers Union and the head of the Jeonbuk branch of the Korean Confederation of Trade Unions.

Former President Lee Nam-ho of Jeonbuk National University is receiving attention for being recommended to run for the superintendent of education from outside rather than his own position. There is no official position, but it is being taken for granted that he will run. He recently won the 'Education Division' of the Korea Integrity Awards.